Citation Nr: 0326424
Decision Date: 10/06/03 Archive Date: 10/15/03
DOCKET NO. 00-20 893A ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Little
Rock, Arkansas
THE ISSUES
1. Entitlement to an increased rating for postoperative
injury of the left knee, currently evaluated as 20 percent
disabling.
2. Entitlement to an increased rating for traumatic
osteoarthritis of the left knee, currently evaluated as 10
percent disabling.
REPRESENTATION
Appellant represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
Milo H. Hawley, Counsel
INTRODUCTION
The veteran had active service from March 1967 to October
1975.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a November 1999 decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Little Rock, Arkansas, that continued a 20 percent evaluation
for the veteran's service-connected postoperative injury of
the left knee. An October 2000 RO decision granted a
separate 10 percent evaluation for traumatic osteoarthritis
of the left knee.
REMAND
A determination has been made that additional development is
necessary in the current appeal. Accordingly, the appeal is
REMANDED to the RO for the following:
1. The RO must review the claims file
and ensure that all notification and
development action required by
38 U.S.C.A. §§ 5102, 5103, and 5103A
(West 2002) are fully complied with and
satisfied. See also 38 C.F.R. § 3.159
(2002). In particular, the RO should
ensure compliance with VA's obligations
under the Veterans Claims Assistance Act
of 2000 now codified at 38 U.S.C.A. §
5100 et seq. (West 2002), as interpreted
by Quartuccio v. Principi, 16 Vet.
App. 183 (2002).
2. The veteran should be afforded a VA
examination to determine the nature and
extent of his service-connected left knee
disability. The claims folder must be
made available to the examiner for review
and the examination report should reflect
that such review is accomplished. The
examiner should identify all symptoms
that are related to the veteran's
service-connected left knee disability,
including any recurrent subluxation or
lateral instability, as well as setting
forth in degrees of excursion any
limitation of motion of the left knee.
The examiner is also requested to:
(1) Express an opinion as to whether pain
that is related to the veteran's service-
connected left knee could significantly
limit the functional ability of the left
knee during flare-ups, or when the left
knee is used repeatedly over a period of
time, and express these determinations,
if feasible, in terms of the additional
loss of range of motion due to pain on
use or during flare-ups; (2) determine
whether as a result of the service-
connected left knee, the left knee
exhibits weakened movement, excess
fatigability, or incoordination, and
express these determinations, if
feasible, in terms of the additional loss
of range of motion due to any weakened
movement, excess fatigability, or
incoordination. If the examiner is
unable to offer an opinion with respect
to whether or not these factors result in
additional loss of range of motion, it
should be so stated.
3. Thereafter, the RO should
readjudicate the issues on appeal. If
any claim remains denied, the veteran and
his representative should be provided a
supplemental statement of the case and
afforded the appropriate period of time
to respond thereto.
Thereafter, the case should be returned to the Board, if in
order. The Board intimates no opinion as to the ultimate
outcome of this case. The veteran need take no action unless
otherwise notified.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded to
the regional office. Kutscherousky v. West, 12 Vet. App. 369
(1999).
This claim must be afforded expeditious treatment by the RO.
The law requires that all claims that are remanded by the
Board of Veterans' Appeals or by the United States Court of
Appeals for Veterans Claims for additional development or
other appropriate action must be handled in an expeditious
manner. See The Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 103-446, § 302, 108 Stat. 4645, 4658 (1994),
38 U.S.C.A. § 5101 (West Supp. 2002) (Historical and
Statutory Notes). In addition, VBA's Adjudication Procedure
Manual, M21-1, Part IV, directs the ROs to provide
expeditious handling of all cases that have been remanded by
the Board and the Court. See M21-1, Part IV, paras. 8.44-
8.45 and 38.02-38.03.
____________________________________________
C. P. RUSSELL
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2002).